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Waste facility permits and certificates of registration - Clare County Council
From Clare County Council
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A waste authorisation is required in order for any person or company to conduct the treatment/storage/recycling/recovery or disposal of waste. This is a legal requirement in accordance with Section 39 of the Waste Management Act 1996, as amended.
A person or company may apply to Clare County Council for either a Certificate of Registration (COR) or a Waste Facility Permit (WFP), while a Waste Licence may only be issued by the EPA.
The type of authorisation required depends on factors such as the tonnage of waste to be handled at facility, and the waste types to be processed, for example, a farmer or landowner seeking to raise a portion of a field using waste soil and stone sourced from a nearby construction site typically requires a COR, but a WFP may be required if the total tonnage of waste to be accepted exceeds a certain threshold.
Clare County Council cannot tell an applicant what level of authorisation and class of waste activity(s) that a particular applicant requires. Therefore, if an applicant is unable to interpret the relevant regulations, it is strongly advisable that the applicant retain the services of a suitably qualified person to assist in the application process.
It is important to note that a person/company must secure an appropriate waste authorisation in advance of commencing a waste activity, as failure to comply with the Waste Management Act 1996, is an offence and therefore subject to legal action, potential fines and possible other enforcement actions, resulting in considerable expenses incurred by the landowner and/or operator.
A list of all waste facility permits and certificates of registration at national level can be viewed at: http://facilityregister.nwcpo.ie/
Waste is legally defined as meaning “any substance or object which the holder discards or intends or is required to discard.”
Everyone understands the wastes we generate on a daily basis such as household refuse and wastes from businesses, offices and factories and the importance of ensuring these wastes are collected and managed in an environmentally safe manner.
However, there are numerous other sources of wastes such as the construction, agriculture and automotive sector, that have the potential to cause environmental pollution if not managed correctly.
The following are just a few examples of where a WFP/COR is required in order for a person/company to accept and recycle/recover/treat/store or dispose of waste.
Soil and stone arising from site clearance and excavations from a building site.
If a builder has no use for this material within the construction site, then he is required to discard this waste to an authorised facility, typically either a WFP or COR site. Farmers and landowners are often willing to accept this material in order to raise land levels for the purpose of improving the quality of agricultural land. However it is important to understand that this material is considered a waste, as it has been discarded from a construction site, therefore any person proposing to accept this waste material to raise/improve farmland, must first secure a WFP/COR from the Environment Section, Clare County Council.
Demolished rubble/concrete/brick/masonry/tiles.
As above, once a builder has discarded such material from a construction site, that material is considered a waste, therefore any person seeking to accept this waste with the intention of using this waste for development such as road building or similar, must secure a WFP/COR from Clare County Council.
Dismantling and reusing car parts.
Once a car is no longer considered roadworthy, i.e. either crashed or failed a NCT, that vehicle is considered a waste. Therefore it is illegal to store or stockpile such vehicles at a location, and/or to strip the car of parts for reuse/sale, without holding the correct waste authorisation from Clare County Council.
A failure to hold the correct waste authorisation for such activities is considered an offence under Section 39 of the Waste Management Act, and may be subject to prosecution and other enforcement action by Clare County Council.
If a person is unsure whether a waste facility permit or certificate of registration is required for an activity, they should contact the Environment Section, Clare County Council for advice.
Alternatively, a person may seek a written declaration from the EPA on whether a waste authorisation is required for a particular activity. More information on this process may be found at: http://www.epa.ie/licensing/licques/article11declarations/
Where a person/company proposes to conduct a waste activity, they must first complete and submit an application to the Environment Section, Clare County Council to seek approval for the proposed waste activity.
The purpose of this application process is to ensure that the proposed waste activity does not constitute a risk of environmental pollution to the environment. This may include issues such as potential pollutant runoff to local waterways, excessive noise and dust generation, adverse impact on local sensitive receptors or protected flora/fauna species, or a detrimental impact to the amenity value of the local area.
Application form: Waste facility permit (WFP) or Certificate of Registration (COR)
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In completing the application form, it is essential that all sections of the form be completed and sufficient information be provided to assist Clare County Council in reaching a decision upon an application.
A failure to submit adequate information as part of a COR/WFP application may result in an application not being processed and the applicant may lose part of/ the entire application fee.
Clare County Council strongly advises that a person engage a suitably qualified and competent person/consultant in preparing any COR/WFP application.
Where an applicant submits a COR application, the determination process may take up to 40 working days (8 weeks).
Where an applicant submits a WFP application, the determination process shall take between 40 to 55 working days (8 to 11 weeks). This process may take longer if Clare County Council deems it necessary to seek further information.
These timeframes are a legal requirement set out under the Waste Management (Facility Permit & Registration) Regulations 2007, as amended.
In conjunction with a fully completed application form, an applicant must also provide certain additional information and documents.
Full details of additional information/documentation are contained within the application form. It is difficult to provide a single definitive list of supporting documents for all applicants, as each application is based upon a set of site specific issues and the scale and nature of the proposed waste activity. A suitably qualified person/consultant should be able to assist in this area.
Typically, all WFP and COR applications require the following:
- site location plan (Scale 1,50,000) and (Scale 1:2500)
- site layout plan, including clear delineation of the site boundaries. (Refer to Section C of application form for further details)
In addition to the above, for all WFP and COR applications involving the improvement or development of land (for example, soil and stone recovery), the following must also be provided:
- information as to the average and maximum depth of fill to be imported
- a topographical survey drawing showing the existing and proposed contours to a scale of 1:500
The contours shall be shown in 2 distinctive colours, for example, existing contours in blue and proposed contours in red:
- a cross sectional drawing showing cross sections through the proposed site
- a written statement demonstrating the purpose of the fill (for example: landscaping, engineering) from agricultural advisor, engineer, landscape architect or other technical expert
Failure to provide adequate information in a WFP/COR application may result in an application being refused or invalidated, with the loss of the original application fee.
As part of any COR/WFP application, an applicant must provide information regarding the planning status of the proposed waste activity. When applying for a WFP, Clare County Council cannot grant a permit unless the applicant has demonstrated compliance with the relevant planning regulations.
The granting of a WFP or COR does not mean that a proposed development or activity is compliant with planning permission. The onus remains on the site operator/owner to ensure compliance with planning legislation, in conjunction with H&S and all other relevant legislation.
It should also be noted that an authorised waste collection permit holder cannot legally deliver waste a WFP or COR site unless that authorised site is listed under Appendix B of the WCP.
Please contact the National Waste Collection Permit Office for more information.
Please refer to Section G of the application form for the list of application fees.
Please note that Section G3: Statutory Declaration must be signed and witnessed in the presence of a Solicitor/Commissioner of Oaths/Notary Public/Peace Commissioner/Garda Síochána.
The decision to grant an application is based upon an objective assessment of each individual application. Clare County Council shall not grant an application unless it is satisfied that:
- the proposed activity, carried out in accordance with the conditions contained within the WFP/COR, shall not cause environmental pollution
- emissions from the WFP/COR site shall not result in the exceedance of any relevant standard or limit value
- the best available techniques shall be used to prevent or limit emissions from the site
- the applicant is a fit and proper person
- in the case of a WFP, the applicant must demonstrate that the facility is compliant or exempt from the Planning and Development Act 200 as amended
Application form: Waste facility permit (WFP) or Certificate of Registration (COR)
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